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HomeMy WebLinkAboutDecember 3, 2012 COUNCIL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA December 3rd, 2012 The Common Council of the City of Jeffersonville, Indiana met in regular session in Room 101, 500 Quartermaster Court, Jeffersonville, Indiana at 7:00 P.M., on Monday, December 3 2012. Council President Ed Zastawny, with Vicki Conlin, City Clerk, called the meeting to order at 7:00 P.M. Council President Ed Zastawny welcomed all in attendance, asking those in attendance to stand as Bobby Campbell gave the invocation. Council President Zastawny then led all those present in the Pledge of Allegiance to the Flag. The roll call and those present were: Councilperson Payne, Councilperson Gill, Councilperson Glover, Councilperson Julius, Councilperson President Zastawny, Councilperson Samuel, Council Vice - President Sellers, Councilperson Owen, and Councilperson Smith. APPROVAL OF THE AGENDA: Councilperson Owen made a motion to APPROVE the agenda with the addition of an ordinance regarding redistricting and an additional item regarding a letter to the Attorney General. Councilperson Samuel seconded the motion, PASSING on a vote of 9 -0. MINUTES TO BE APPROVED: Councilperson Samuel made a motion to APPROVE the minutes from the November 19 2012 meeting, seconded by Councilperson Glover, PASSING on a vote of 9 -0. CLAIMS TO BE APPROVED: Parks Claims: Mrs. Harmon respectfully requested approval of the Parks Claims in the amount of $38,623.86. Councilperson Gill made a motion to APPROVE the claims, with Councilperson Julius seconding, PASSING on a vote of 9 -0. General Claims: Mrs. Harmon presented the General Claims list in the amount of $856,138.28 for approval from the Council. Councilperson Samuel questioned the water bill payment made by a credit card. Mrs. Harmon stated that the water bill was late and she paid it on her credit card and the animal shelter is reimbursing her. Councilperson Gill made a motion to APPROVE the general claims, with Councilperson Glover seconding, PASSING on a vote of 8 -0 -1 with Councilperson Julius abstaining. TIF Claims: Mrs. Harmon presented the TIF claims list in the amount of $520,987.45 respectfully requesting approval. Councilperson Samuel made a motion to APPROVE the claims list with Councilperson Owen seconding, PASSING on a vote of 9 -0. MAYOR REPORT: Mr. Lowe spoke on behalf of the mayor stating that an announcement just came through today from the Attorney General's Office stating that they are seeking a suspension of the license of the Doctor who runs the Pain Management Clinic in Jeffersonville. The hearing is set for December 6 2012. REPORT OF THE CLERK: Mr. Larry Wilder spoke on behalf of his client City Clerk Vicki Conlin, stating that in the matters regarding the City Clerk and the City Court, State Board of Accounts have returned an audit opinion affirming that the Clerk is indeed the Clerk of the Court. Mr. Wilder discussed with the Council that Mrs. Conlin previously attempted to work through this transition with Judge Pierce and now that there is this audit, she is obligated to follow the SBOA audit or she may face a malfeasance or misfeasance. After much 1 discussion between the Council and Mr. Wilder, the Council agreed that a full audit needed to be done before Mrs. Conlin takes control of the finances and Mrs. Harmon agreed to seek out an agency that can provide this service. Mr. Wilder recommended that the Council have their attorney reach out to Judge Pierce's attorney to take the next step in the process. Councilperson Gill made a motion to AUTHORIZE Mrs. Harmon to move forward in contacting and hiring an agency to provide a full audit of the City Court records. The motion was seconded by Councilperson Sellers, PASSING on a vote of 9 -0. DEPARTMENT HEAD REPORTS: Fire Chief Hedrick: Chief Hedrick spoke before the council announcing that Mrs. Harmon will be including his transfer from 200 series to 300 series to cover shortage in the 300 series in a later agenda item and wanted to ask if there were any questions for him. The council had no questions. Mr. Hedrick also addressed the LOIT spending stating that nothing has changed since the last time we talked. The shortfall is due to a firefighter who had orders to deploy and orders where rescinded. There is a firefighter to deploy next summer and we will not need to spend next year to cover that. A. UNFINISHED BUSINESS: 1. Dennis Julius- Economic Impact Study: Councilperson Julius asked for council approval to move forward with giving $10,000 towards the cause of the group of local businessmen challenging the impact of tolls on the community. Councilperson Julius stated that they may have to come up with an inter -local agreement to give the funds to tourism in order for the council to legally be able to give this money. Councilperson Julius stated that as far as the exit change concerns, there will be no change going north, but exit zero will be gone going south. Councilperson Smith made a motion to APPROVE Mr. Lewis to move forward with preparing an inter -local agreement and spend up to $10,000 in a joint venture with the money coming from gaming. Councilperson Sellers seconded, PASSING on a vote of 9 -0. The roll call vote was as follows: Yay Nay Councilperson Smith Yay Councilperson Payne Yay Council Vice President Sellers Yay Councilperson Gill Yay Councilperson Glover Nay Council President Zastawny Yay Councilperson Julius Yay Councilperson Owen Nay Councilperson Samuel Nay 2. Josh Thompson 2012 -R -20 Resolution Approving an Inter -local Agreement Pertaining to Emergency Response Communication: Fire Chief Assistant Mr. Thompson requested approval of 2012 -R -20 that creates an inter -local agreement with New Albany pertaining to the Emergency Response Communication. Mr. Thompson stated that there will still be a six person board. Councilperson Owen stated the idea behind six person board is so that they have to agree together and there isn't any tie breaker system in place. Councilperson Samuel made a motion to APPROVE 2012 -R -20 with Councilperson Owen seconding, PASSING on a vote of 9 -0. 2 3. Monica Harmon 2012 -OR -59 An ordinance Authorizing the Fiscal Officer to Obtain Sam's Credit Card for Official Government Purchases: . Councilperson Owen made a motion to APPROVE 2012 -OR -59 on a third and final reading, with Councilperson Samuel seconding, PASSING on a vote of 9 -0. 4. Monica Harmon 2012 -OR -60 An Ordinance of the Common Council Authorizing the Investment of Public Funds Pursuant to I.C. 5- 13- 9 -5.7: Mrs. Harmon stated the only change was the wording from Clerk- Treasurer to Controller. Councilperson Owen made a motion to APPROVE 2012 -OR -60 on third and final reading, with Councilperson Smith seconding, PASSING on a vote of 9 -0. 5. Monica Harmon 2012 -R -22 A Resolution Authorizing the Investment of Public Funds Pursuant to 5- 13 -9 -5 and 5- 13- 9 -5.3: Mrs. Harmon stated this Resolution was tabled at the last meeting because the Ordinance had to pass first. Councilperson Owen made a motion to APPROVE 2012 - R-22 with Councilperson Samuel seconding, PASSING on a vote of 9 -0. 6. Monica Harmon 2012 -OR -61 Closing Funds no Longer Serving the Purpose for Which They Were Established and Repealing the Ordinance Which Established the Funds: Mrs. Harmon stated there have been no changes to this Ordinance since the last meeting and the purpose is to close funds that are no longer serving a purpose. Mrs. Harmon stated that this ordinance has nothing to do with the Parks funds and she will amend the attachment to remove numbers 209- 425, which is anything from below the "merge" line. Mrs. Harmon stated she would provide the City Clerk with the changes to the attachment. Councilperson Owen made a motion to APPROVE 2012 -OR -61 on a third reading with the foresaid changes to the attachment A, seconded by Councilperson Julius, PASSING on a vote of 9 -0. 7. Monica Harmon - 2012 -OR -63 An Ordinance Establishing the Parks Activities Non - Reverting Fund for the City of Jeffersonville, Indiana and Repealing Ordinance 2010 -OR -58 An Ordinance Establishing Park Trolley Operations Non - Reverting Funds, Ordinance 2009- OR -91A Establishing a City Partnership Program Non - Reverting Fund, Ordinance 92 -OR -30 Establishing A Non - Reverting Fund For the Purposes of Developing the Riverfront in Jeffersonville, Indiana and Ordinance 2006 -OR -32 Establishing Parks Department Non - Reverting Funds: Mrs. Harmon stated that Mr. Merkley has rewritten this ordinance to address the previous concerns and that this ordinance will be merging funds into one fund that will be tracked. This will allow deposits into one fund and will allow the Parks Director more flexibility to use funds without having to move funds around. Council Attorney Scott Lewis asked for the ordinances that go with this particular ordinance to double check the provisions in the other ordinance. Councilperson Owen made a motion to APPROVE on a first reading with amending language and Mr. Lewis reviewing. Councilperson Sellers seconded, PASSING on a vote of 9 -0. 8. Monica Harmon - 2012 -OR -64 An Ordinance Amending Ordinance 2011 -OR -57 Ordinance of Additional Appropriation by Reduction: Mrs. Harmon respectfully requested approval of 2012 - OR-64 on a second reading only and stated that she is currently discussing any shortfalls with department heads and would like to be able to continue to make changes. Mrs. Harmon stated that there are funds left in Insurance and that she has some funds left to help cover some of the shortfalls. Mrs. Harmon stated that the Police Department had some shortfall in overtime due to 3 re- calculation of overtime that was based on the raises they received after negotiation contract from 2011 overtime. Mrs. Harmon stated the money was put in the wrong budget line and "the money is there and needs to move and budget funds need to be provided for it." Councilperson Owen made a motion to APPROVE 2012 -OR -64 on a second reading only with Councilperson Payne seconding, PASSING on a vote of 9 -0. 9. Monica Harmon 2012 OR - 65 - An Ordinance of Additional Appropriation (Parks): Mrs. Harmon stated that this is for the additional appropriation for the BAN and was approved on a 1 and 2nd reading at the last meeting. Councilperson Owen made a motion to APPROVE 2012 -OR -65 on a third and final reading, with Councilperson Sellers seconding, PASSING on a vote of 9 -0. B. New Business 1. Laura Renwick Historic Landmarks: Mrs. Renwick came before the council to give an update and offered to come back annually to do so. Mrs. Renwick provided a brief background of the historic preservation Commission and stated the Indiana Landmarks has contracted with the City since 1996. Mrs. Renwick stated the contract amount is for $4,000 and the amount has remained unchanged. Mrs. Renwick stated that she is the current contact for any folks who want to do work in the district and she tries to meet with them before they go through the process. Mrs. Renwick stated she is very active and likes to make sure any real estate agent with a listing the district lets their prospective buyers know they are looking at a historic district. Mrs. Renwick stated the preservation commission works closely with Russ Segraves and he attends their meetings. The council thanked Mrs. Renwick for her time. 2. Tom Lowe - 2012 -OR -66 An Ordinance Changing the Zoning Map Designation of a Certain Tract of Property Described as Being Part of Lots Numbers 144 and 145, 301 Pearl Street, in the City of Jeffersonville, Clark County Indiana, From R3: Old City Residential to NC: Neighborhood Commercial: Mr. Lowe presented 2012 -OR -66 stating he was present when this passed at the board of zoning appeals commission and this would only require one reading to amend the zoning map and a public hearing by the Council. President Zastawny opened the public hearing at 8:30 P.M. and closed the hearing at 8:30 P.M. Mr. Lowe stated this is a zoning change at 301 Pearl Street and is a property that adjoins the Big Four Landing plaza. Mr. Lowe stated that Mrs. Rhodea is looking to start a frozen yogurt shop at this location. Councilperson Owen expressed excitement that businesses are already lining up. Councilperson Smith asked about off street parking and Mr. Lowe stated that the plan is vast majority of customers will be walking and biking customers and the Big Four Plaza will create parking as well. Mr. Lowe addressed the residential parking concerns and stated that this is something that as this area grows the city will need to address. Mr. Lowe stated the current plan for this location is that customers will be a majority of walk -ups. Mr. Lowe stated that these concerns regarding parking will be something that is addressed as the needs arise. Councilperson Glover asked about any type of aesthetically pleasing signage requirements and Councilperson Sellers stated that she believes that would be more of a redevelopment concern since the Big Four Plaza is there project. Councilperson Owen made a motion to APPROVE 2012- OR -66, with Councilperson Julius seconding, PASSING on a vote of 9 -0. 4 3. Zack Payne- 2012- OR -67- Redistricting: Mr. Lewis stated that this is a proposal ordinance to redistrict council districts stating that this is the requirement pursuant to state law. The state law states that the second year after a census the council redistricting is to be done and 2012 is the second year. Mr. Lewis stated the proposed maps are attached to the ordinance and there are some various requirements for the districts that this includes. Mr. Lewis this is something the council needs to adopt before the end of the year and recommends the passing of this ordinance on a first and second reading and he will immediately send a notice to the circuit court clerk due to the requirements when a split precinct is being adopted and that would give them a 10 day notice before the next council meeting on the seventeenth. Mr. Lewis stated then the council could adopt the ordinance on a final reading and a copy would need to be filed in the circuit court clerk's office within 30 days. Mr. Booker discussed the districts to the council stating that he will provide the large maps to the City Clerk's office and will be possibly to have these on the City Website. Mr. Booker stated that public can type in their address with 39 degrees north to help people find their district. Councilperson Glover made a motion to APPROVE 2012 -OR -67 on a first reading with the changes of excluding district three excluding 24 and part of Utica 2, and excluding District five, 20 and part of 24, and District six part of Utica 2. Councilperson Gill seconded, PASSING on a vote of 9 -0. 4. Councilperson Smith - Letter to Attorney General: Councilperson Smith asked for the Council approval to send a letter to the Attorney General stating their support in the suspension of the license of Dr. Marlow with the Pain Management Clinic. Councilperson Smith stated that it is reported that she has prescribed more than 8,000 prescriptions with 95% of them being oxycodone since January. Dr. Marlow conducts a cash only business. If the suspension is granted on December 6 th at the hearing, Dr. Marlow will be put on a 90 day suspension while a formal complaint is drafted. Councilperson Smith is asking council support for Mr. Lewis to send an email due to time constraints showing the Council's support of the suspension. Councilperson Smith made a motion to APPROVE Mr. Lewis sending the supportive email to the Attorney General and the medical license board with Councilperson Gill seconding, PASSING on a vote of 9 -0. C. REPORTS AND COMMENTS: 1. PUBLIC COMMENT No Public Comment 2. COUNCIL COMMENTS Councilperson Smith: Thanked the residents of Franklin Commons for being very diligent in the help with monitoring the Pain Management Clinic. Also stated that himself, Councilperson Julius, and Councilperson Samuel and some various residents spoke in Indianapolis against this clinic and very happy to see this result with the suspension of the license. Councilperson Payne: Reported that the conference in Boston went well and was a great experience and to expect some new ideas to come from him and Councilperson Owen from attending the event. 5 Council Vice President Sellers: attended a bicycle seminar on Friday to help make the community more bicycle friendly. One thing to take away from this seminar is thinking of bike lanes on new roadways. Councilperson Gill: Informed the Council that Josh Rodriguez announced to her that Jeffersonville received an award for their participation in National Night Out. Councilperson Glover: Reminded the Council that the next negotiations meeting is tomorrow December 4 2012 at 9:30 P.M. Councilperson Glover stated they have been very diligent in looking at wording of the contractual language. Council President Zastawny: none Councilperson Julius: none Councilperson Owen: Apologized to the Clerk and her staff for moving a little too quickly earlier in the meeting. Councilperson Samuel: Stated the lights are on at Vissing Park for testing and asked Mrs. Conlin to place the Public Arts Study Committee on the agenda for next meeting to see a presentation /report as well as discuss the next step. ADJOURNMENT: Councilperson Samuel made the motion to ADJOURN, seconded by Councilperson Gill, passing unanimously. Meeting ADJOURNED at 9:08 P.M. A ! VED BY: / Edward Zasta A ny, Presid - nt ATTESTED BY: • / At -%--- Vicki Conlin, City Clerk 6